Condo Media - May 2020 - 33

Don't respond to every criticism
or react to every slur or slight.
Responding to "petty comments" will
make the board seem petty, overly
sensitive, or unduly defensive, Shapiro
cautions, creating the suspicion that
board members may, in fact, have
something to hide.

proof if they have it; offer to meet with
them to explain why they are "misinformed"; and warn them that if they
persist, the board may pursue legal
remedies. Note that the operative word
is "may" not "will" pursue remedies.
"You don't want to threaten an action
the board isn't going to undertake,"
Shapiro says. But even if the board has
no intention of initiating a legal action,
she suggests, the threat of one may
deter some owners.

3

6

formation, repeated and unchallenged,
have sticking power and can be difficult
to dislodge.

2

Write a "defusing letter," designed both to lower the heat
and clear the air. "Fight fire with
facts," Shapiro suggests. The letter
should be calm and fact-based. Don't
accuse the dissidents of anything, she
emphasizes. "If you do, you run the
risk of inadvertently saying something
libelous about them." There is no
need even to mention the dissidents;
in fact, Shapiro and Daddario agree,
it is better if you don't. Just say the
board is aware that some owners are
concerned about the issue, describe
what the board has actually done or
hasn't done, note that supporting
documents are available online or in
the management office, and encourage those who have questions or want
more information to contact the manager or individual board members,
who will be happy to talk to them.

Write a "cease and desist" letter.
This would be a follow-up if the
dissidents ignore the first letter, but
Shapiro rarely recommends it. "What
are they supposed to cease and desist
from-talking about the board?" she
asks. "And what will you do if they
refuse? Tell them again that the board
'may' pursue legal action? I don't think
these letters are very effective."

7

Seek an injunction prohibiting the
board's critics from making false

statements. This is more a "theoretical
option" than a practical one, Daddario
says. "In practice, courts are extremely
reluctant to prohibit the exercise of free
speech by barring comments before
they are made." In order to prevail
here, he says, the board would have to
demonstrate its ability to document the
damages that would support a libel or
slander claim.

8

Increase transparency. "Why are
these people so angry?" That's
a question Daddario thinks board
members should ask. Sometimes, he
suggests, it is because the board is not
communicating effectively with owners.
"Review your communications strategies," he advises, and make sure the
board is doing all it can to keep owners
informed and to encourage their involvement in the community. His bottom
line advice: "Transparency and communication are powerful antidotes to angry,
unwarranted criticism and a board's
most effective shield against it."

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4

Invite owners to attend an open
meeting. "Let the dissidents
make their allegations in public,
and call them out publicly" on the
misinformation they are spreading,
Daddario suggests. "This public airing may encourage owners who have
been silent to support the board," he
says, "And the need to defend their
charges in public may discourage
dissidents from making untrue statements about the board in the future."

5

Have the association's attorney
write what Shapiro describes as
"a strong letter" to the dissidents.
The letter should state that their
"unfounded accusations" won't be
tolerated; insist that they provide

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May 2020 CONDOMEDIA

33
Condo Media - May 2020

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